NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
| Interpretations | Date |
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ID: 7981Open Emmett Koelsch Coaches Dear Sir/Madam: Your letter of November 5, 1992 addressed to the Department of Transportation Publications Department was forwarded to this office for response. In your letter you requested a copy of the Federal motor vehicle safety standards pertaining to school buses "and other Transit type vehicles." The Federal motor vehicle safety standards issued by this agency, the National Highway Traffic Safety Administration (NHTSA), apply to all classes and categories of motor vehicles, including passenger cars, trucks, buses of all types including school buses, multipurpose passenger vehicles, and the like. Excluded from the definition of motor vehicles are such vehicles as farm tractors, earth-moving equipment, and other off-road vehicles. For your information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Also enclosed are copies of two fact sheets issued by this office entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment and Where to Obtain NHTSA's Safety Standards and Regulations. You did not elaborate on what was meant by "Transit type vehicles." If you were referring to intercity buses, you should contact the Office of Motor Carrier Standards, Federal Highway Administration, Room 3404, this address for information on their pertinent standards and regulations. For information on intracity buses, you should contact the Federal Transit Administration, Room 9328, this address. Finally, for information regarding implementation of the Americans with Disabilities Act, you should contact the Office of Technical and Information Services, U.S. Architectural and Transportation Barriers Compliance Board, 1331 F Street N.W., Suite 1000, Washington, DC 20004-1111. I hope this information is helpful. If after examining this material you have more specific questions, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992. Sincerely,
Paul Jackson Rice Chief Counsel Enclosures ref:571 d.12/10/92 |
1992 |
ID: nht92-1.46OpenDATE: 12/01/92 EST FROM: PAUL JACKSON RICE -- CHIEF COUNSEL, NHTSA TO: KIM WELSH -- EMMETT KOELSCH COACHES ATTACHMT: ATTACHED TO LETTER DATED 11-5-92 FROM KIM WELSH TO PUBLICATIONS DEPARTMENT, DOT (OCC 7981) TEXT: Your letter of November 5, 1992 addressed to the Department of Transportation Publications Department was forwarded to this office for response. In your letter you requested a copy of the Federal motor vehicle safety standards pertaining to school buses "and other Transit type vehicles." The Federal motor vehicle safety standards issued by this agency, the National Highway Traffic Safety Administration (NHTSA), apply to all classes and categories of motor vehicles, including passenger cars, trucks, buses of all types including school buses, multipurpose passenger vehicles, and the like. Excluded from the definition of motor vehicles are such vehicles as farm tractors, earth-moving equipment, and other off-road vehicles. For your information, I am enclosing a pamphlet issued by this agency entitled Federal Motor Vehicle Safety Standards and Regulations, which summarizes our safety standards. Also enclosed are copies of two fact sheets issued by this office entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment and Where to Obtain NHTSA's Safety Standards and Regulations. You did not elaborate on what was meant by "Transit type vehicles." If you were referring to intercity buses, you should contact the Office of Motor Carrier Standards, Federal Highway Administration, Room 3404, this address for information on their pertinent standards and regulations. For information on intracity buses, you should contact the Federal Transit Administration, Room 9328, this address. Finally, for information regarding implementation of the Americans with Disabilities Act, you should contact the Office of Technical and Information Services, U.S. Architectural and Transportation Barriers Compliance Board, 1331 F Street N.W., Suite 1000, Washington, DC 20004-1111. I hope this information is helpful. If after examining this material you have more specific questions, please feel free to contact Mr. Walter Myers of my staff at this address or by telephone at (202) 366-2992. |
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ID: nht80-1.25OpenDATE: 03/05/80 FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA TO: Bus Con Corporation TITLE: FMVSR INTERPRETATION TEXT: This responds to your January 22, 1980, letter asking two questions about the use of your body conversion numbers on the certification labels of vehicles you produce. First, you ask whether a final-stage manufacturer may substitute its body conversion number for the vehicle identification number (VIN) that comes with the incomplete vehicle. The answer to this question is no. The VIN must be continued from the incomplete vehicle certification label to the final-stage certification label. However, you may insert your body conversion number on the label in addition to the VIN. Your number should appear at the bottom of the label below the required information. In your second question, you ask whether you may include your body conversion number on the alterers' labels for previously certified vehicles that you alter. The answer to this question is yes. As indicated above the number should appear at the bottom of the label below the required information. Sincerely, ATTACH. BUS CON CORP January 22, 1980 Chief Counsel -- U.S. Department of Transportation, National Highway Traffic Safety Administration Dear Sir, I am enclosing photostats of two certification labels mandated by Part 567. I would appreciate answers to the following questions. 1). On the label for vehicles manufactured in two or more stages, may we the final stage manufacturer, insert our body conversion number as the vehicle identification number? If not, where may we put our number? 2). On the label for persons who alter previously certified vehicles, may we put our body conversion number somewhere on this label. If so where on the label may we put it. If not can we put our number elsewhere. I would appreciate a prompt reply to this letter so that I may get labels printed. If you have any questions, please contact me. My business card is enclosed. Yours truly, David Shomberg Enc/ Label Requirements for Persons Who Alter Previously Certified Vehicles Effective: February 1, 1974 * * Tire sizes can be listed. 567.4(h) Individual or corporate name Month and year in which alterations were completed (May be abbreviated 2/74) No earlier than the manufacturing date of the original vehicle nor later than the date alterations were completed Use if different from the original Use if alterations change vehicle type THIS VEHICLE WAS ALTERED BY THE FINE CAR CO., INC. IN FEBRUARY 1974 AND AS ALTERED IT CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN JANUARY 1974 *GVWR 0000 *GAWR FRONT 0000 REAR 0000 TYPE BUS Can I put our Body Conversion Number on this label? Label Requirements for Vehicles Manufactured in Two or More Stages On or After: January 1, 1972 * * Tire sizes can be listed. 567.4(h) See text of the regulation for alternatives for final stage manufacturers who complete chassis-cabs. May be abbreviated MFD Full corporate name Month and year of manufacture (May be abbreviated 7/72) Name of original manufacture of incomplete vehicle (May be abbreviated "INC. VEH. MFD. BY") Gross Vehicle Weight Rating (GVWR) Gross Axle Weight Rating (GAWR) Use exact text specified in Regulations No earlier than the manufacturing date of incomplete vehicle nor later than the date of completion Vehicle Identification Number Type vehicle MANUFACTURED BY THE FINE CAR CO., INC. JULY 1972 INCOMPLETE VEHICLE MANUFACTURED BY CLASSIC TRUCKS INC. JANUARY 1972 GVWR 0000 GAWR FRONT 0000 REAR 0000 THIS VEHICLE CONFORMS TO ALL APPLICABLE FEDERAL MOTOR VEHICLE SAFETY STANDARDS IN EFFECT IN MARCH 1972 0000 TRUCK NOTE: When preparing labels, all characters must be 3/32" or more in height in block capitals and numerals and printed in a color in contrast to the background. See text of the regulation for labeling requirements for intermediate manufacturers. Can I put our Body 10 Conversion Number where circled or must the number there be the one assigned by the chassis manufacturer? |
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ID: nht89-3.55OpenTYPE: Interpretation-NHTSA DATE: December 15, 1989 FROM: R.R. Chestnut -- Supervisor, Modified Vehicle Engineering Dept, Ford Motor Company TITLE: Re Splicing Into The Stop Lamp Electrical Circuit ATTACHMT: Attached to memo dated 6-6-90 from Tekonsha Engineering Company; Also attached to letter dated 8-31-78 from J.J. Levin, Jr. to L.F. Henneberger; Also attached to letter dated 5-2-84 from F. Berndt to L.F. Henneberger; Also attached to letter da ted 11-30-81 from F. Berndt to K.G. Moyer (A23; Redbook 3; Std. 108); Also attached to letter dated 9-10-90 from P.J. Rice to L.F. Henneberger (A36; VSA Sec. 103 (d); Std. 108); Also attached to letter dated 6-22-90 from L.F. Henneberger to P.J. Rice (OC C 4927) TEXT: Splicing Into The Stop Lamp Electrical Circuit This bulletin emphasizes the importance of QVM Bulletin #8, issued October 13, 1989, which cautions builders concerning altering of connecting to stop lamp circuits. The stop lamp switch and related wiring not only control the stop lamps, but also provi de the brake on/off input to the electronic modules of the EEC, EAOD, speed control, and anti-lock brake systems. Splicing into a location that interrupts the signals to these modules can interfere with their proper functioning, including: 1. Affecting EFI engine idle speed quality 2. Preventing the EAOD torque converter clutch from applying at throttle openings less than half throttle 3. Deactivating anti-lock brake system operation 4. Preventing the speed control from disengaging upon braking Attachments I, II, and III of this bulletin illustrate acceptable locations to splice into the stop lamp circuits of Econoline and F-Series vehicles. Note that when stop lamps are installed in addition to the OEM stop lamps, the additional load must not exceed 6 amps (3 bulbs), yielding a total circuit draw not exceeding 10.4 amps (5 bulbs). Loads exceeding 10.4 amps can damage the stop lamp and/or t urn signal switch. If you have any questions regarding this issue, please call the Body Builders Advisory Service Hotline on 1-800-635-5560. |
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ID: 86-5.42OpenTYPE: INTERPRETATION-NHTSA DATE: 11/06/86 FROM: JOHN H. HEINRICH -- DISTRICT DIRECTOR DEPARTMENT OF TREASURY; J. MICHAEL ZEHNER -- CHIEF, FINES, PENALTIES & FORFEITURES DEPARTMENT OF TREASURY TO: LARRY THUNDERBIRD AND MUSTANG TITLE: DATE OF VIOLATION: DATE OF SEIZURE: OCTOBER 3, 1986 PORT OF ENTRY: LA/LB DISTRICT: LOS ANGELES ATTACHMT: ATTACHED TO LETTER DATED 05/13/87; TO WILLIAM E DANNEMEYER FROM ERIKA Z JONES, REDBOOK A30 (2), STD 211; LETTER DATED 05/08/67 TO EARL W KINTNER FROM WILLIAM HADDON; LETTER DATED 05/10/67 TO HAROLD T. HALFPANNY FROM LOWELL K. BRIDWELL; LETTER DATED 04/10/87 TO WILLIAM E. DANNEMEYER FROM EDWARD J. BABBITT; LETTER DATED 03/30/87 TO ED BABBITT, FROM WILLIAM E DANNEMEYER; TEXT: Gentlemen: This is to officially notify you that the following merchandise has been seized by the U.S. Customs Service pursuant to the provisions of title 18, United States Code, section 545 and title 19, United States Code, section 1592(c)(5), because of a violation of title 19, United States Code, section 1592(a): DESCRIPTION Spinner Hubcaps QUANTITY 1,000 each The specific acts or omissions forming the basis for the violation, and the circumstances of entry or introduction, or attempted entry or introduction, of the merchandise into the commerce of the United States are as follows: An examination of entry #86-170313-5 invoiced as 1,000 pcs of "Hub Cap Spinners" revealed the prohibited merchandise of "Spinner Hubcaps." These spinner hubcaps are prohibited by The Department of Transportation's Federal Motor Vehicle Safety Standard 49 CFR 571,211, because they incorporate the use of winged projections constituting a hazard to pedestrians and cyclists. Furthermore, the HS Form 7 included with the entry was checked in the box indicating that the merchandise"... conforms to all applicable safety standards..." which it does not. Seizure of the above described merchandise is authorized to prevent the introduction of prohibited or restricted merchandise into the Customs territory of the United States. Subject to certain exceptions described below, the seized merchandise will be released to the person from whom it was seized, or to another person who established a substantial interest in the merchandise to the satisfaction of the District Director of Customs, Los Angeles. To obtain release, the person must deposit security for payment of any claim for a monetary penalty in the form of payment of the specified amount or an irrevocable letter of credit for such amount in a form acceptable to the District Director. The amount of the security deposit is based upon the District Director's preliminary determination of the maximum penalty which may be assessed for the violation according to the degree of culpability believed to be attributable to the violator, as follows: For violations believed due to negligence, the deposit will be 20 percent of the dutiable value of the merchandise. The merchandise will be released to a person other than the person from whom it was seized only if the person so requesting release submits an agreement to hold the United States and the officers and employees harmless and a release from the registered owner and / or the person from whom the merchandise was seized. For further information, contact the District Director of Customs at the address stated below. It has been determined that the merchandise described in this seizure notice will be released upon deposit of the penalty amount of $ 940.00, and all other seizure related charges. The prohibited spinner hubcaps must then be exported to its original country of origin. Additional information may be obtained from the office of the District Director of Customs at the address and telephone number given below. Your request for release of the merchandise must be accompanied by payment of the amount of the security deposit indicated above or by an irrevocable letter of credit payable on demand to the United States Customs Service for that amount. Request for release of merchandise or other inquiries should be addressed to District Director of Customs, 300 South Ferry Street, Room 1212, Terminal Island, California 90731 Attn: Fines, Penalties & Forfeitures, (213) 514-6019. After investigation into the circumstances of the alleged violation as may be necessary, you will be informed of the District Director's determination concerning a claim for monetary penalty and further proceedings in this matter. Sincerely, |
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ID: nht90-3.11OpenTYPE: Interpretation-NHTSA DATE: July 11, 1990 FROM: Paul Jackson Rice -- Chief Counsel, NHTSA TO: Lawrence A. Beyer, Esq. TITLE: None ATTACHMT: Letter dated 4-10-90 to Z. Taylor Vinson and Stephen P. Wood from Lawrence A. Beyer TEXT: This responds to your letter of April 10, 1990, on behalf of your client, Cantab Motors, requesting "official notification" by DOT that Cantab "is considered to be a manufacturer by your agency", and stating that counsel for Isis Imports received such a letter from us on July 10, 1986. A review of our letter to Isis discloses that that company sought to import Morgans as "incomplete motor vehicles", and we informed it that it could not do so. However, we stated that a Morgan lacking major components of the fuel system such as fuel tan k, fuel lines, and carburetor could be imported as an "assemblage of motor vehicle equipment, with the package or container labelled as equipment items", and that individual items of equipment covered by the safety standards would have to bear the certif ication of their manufacturer. The result of this interpretation, that is to say, subsequent events occurring outside the letter, is that Isis has imported the assemblage pursuant to 19 CFR 12.80(b)(1)(ii), as equipment, rather than as a vehicle under 1 2.80(b)(1)(iii), and has added the propane fuel system components in the United States. The completed motor vehicle has then been certified by Isis as conforming to all applicable Federal motor vehicle safety standards. It appears from the petition for temporary exemption that you submitted on behalf of Cantab, that the facts are essentially similar to those of the Isis case. To the extent that Cantab's actions duplicate those of Isis, it, too, would appear eligible to import its assemblages of Morgans under the equipment conformance declaration. Although conforming and certified equipment items are no longer imported pursuant to 19 CFR 12.80(b)(1)(ii), the corresponding provision of the new regulation that allows im portation of such equipment is 49 CFR 591.5(b). I hope that this is responsive to your request. |
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ID: nht95-3.15OpenTYPE: INTERPRETATION-NHTSA DATE: June 15, 1995 FROM: M. Judson Brown, PE -- Central New York Regional Transportation Authority, CNG Bus Project Manager TO: Mr. John Womack -- Acting Chief Counsel, U.S. Department of Transport, NHTSA TITLE: NONE ATTACHMT: ATTACHED TO 7/18/95 LETTER FROM JOHN WOMACK TO JOHN RENOCK (REDBOOK 2; PART 304) TEXT: Dear Mr. Womack, The Central New York Regional Transport Authority (CNYRTA) of Syracuse, New York has eight natural gas buses which have Compressed Natural Gas (CNG) cylinders which are used for fueling the buses. It was our original understanding that the tanks, which are certified by the United States Department of Transportation (USDOT) with an exemption (Exemption Number 8814) are required to be re-inspected and hydrostatically retested every three years. I am enclosing a copy of the USDOT Exemption which the tank manufacturer, Stuctural Composite Industries, received from USDOT Hazardous Materials Branch. Please note page 5, item g of the Exemption. I am also enclosing a copy of the regulations, DOT FRP-1, governing manufacturing and test requirements for the tanks. I recently received a copy of a letter which was sent to Spencer Testing Services by yourself as Acting Chief Counsel for the U.S. Department of Transportation (copy of letter enclosed). The letter states that the Research and Special Programs Administr ation, (RSPA) is authorized by Congress to issue standards for containers including the CNG containers used to transport hazardous materials. However, RSPA does not have statutory authority to regulate CNG containers that are used to fuel a motor vehicl e. In other words, as I read the letter, RSPA is not authorized to require reinspection and hydraulic retesting of CNG containers which are used to fuel a motor bus. Would you please confirm by letter to Central New York Regional Transport Authority that fueling containers on their 8 buses are not required to be re-inspected and hydraulically re-tested every three years under USDOT requirements. Please address the l etter to: Mr. John Renock Director of Operations Central New York Regional Transport Authority 200 Cortland Avenue Syracuse, NY 13205-0820 Thank you for your assistance. |
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ID: 07-003363drnOpenHomologatiedienst Van Hool N.V. Bernard Van Hoolstraat 58 Lier-Koningshooikt BELGIUM B 2500 Dear Mr. Meulders: This responds to your request for an interpretation of National Highway Traffic Safety Administration (NHTSA) regulations that may apply to a ski-box that you wish to place at the back of motorcoach buses. You state that the total length of the bus with the ski-box exceeds the authorised 45 maximum length in the US, if indeed the depth of the ski-box is also added to the length of the vehicle. Nothing in NHTSAs regulations limits the length of buses to 45 feet or any other length. However, the Federal Highway Administration (FHWA), which is a separate Administration in the U.S. Department of Transportation, has a regulation that may be relevant to your question. The FHWA has provided the following information. Federal regulations related to commercial bus length, issued by the FHWA at 23 CFR 658.13(d), prohibit States from imposing a limit of less than 45 feet on the length of any bus on the National Network, which includes the Interstate System of highways and other Federally designated routes as specified in Appendix A to 23 CFR Part 658. Outside of this Federal limitation, the maximum length limitations for buses are established by the individual State governments. You may also wish to check the information at the following FHWA web addresses: The overall FHWA internet page on Vehicle Size and Weight (which contains FHWA contact information) is at: http://www.ops.fhwa.dot.gov/freight/size_weight.htm The FHWA Freight Management and Operations internet page on Federal Vehicle Size Regulation (which contains a downloadable pamphlet) is at: http://www.ops.fhwa.dot.gov/freight/publications/size_regs_final_rpt/index.htm For further information about FHWAs regulations in this area, the contact person is:
Michael P. Onder, Team Leader Truck Size and Weight Office of Freight Management and Operations Federal Highway Administration telephone: +202-366-2639 facsimile: +202-366-3225 e-mail: michael.onder@dot.gov In addition, you may wish to consult the laws of the individual States. I hope this information is helpful. If you have any further questions, about NHTSAs regulations, please contact Dorothy Nakama of my staff at (202) 366-2992. Sincerely yours, Anthony M. Cooke Chief Counsel cc: Michael P. Onder, Team Leader Truck Size and Weight Office of Freight Management and Operations Federal Highway Administration ref:217 d.4/15/08 |
2008 |
ID: 06-004314OpenPatrick Boyd, Head Mechanic Manchester Local Schools 6075 Manchester Road Akron, OH 44319 Dear Mr. Boyd: This responds to your request for a ruling or clarification on the extent to which diodes on school bus light emitting diode (L.E.D.) lighting must be burned out for the school bus to be taken out of service. Our answer is provided below. By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized under 49 U.S.C. Chapter 301 to issue and enforce safety standards applicable to new motor vehicles and items of motor vehicle equipment. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Each State has the authority to regulate the operation and use of motor vehicles, including school buses, which travel on the public roads of that State. The question you pose relates not to the manufacture and/or sale of a new school bus but to operational requirements (i.e, which lights or diodes on the school bus must function) for school buses to be permitted to travel on Ohio roads. The agency notes that L.E.D. lamps are certified to our lighting standard (Federal Motor Vehicle Safety Standard No. 108, Lamps, reflective devices, and associated equipment) by manufacturers at the time of sale with a full one hundred percent of the diodes operating. However, the determination of when a school bus is taken out of service is entirely up to State law. Further, your State motor vehicle administration should be able to tell you which State official has the final authority in making decisions about which school buses will be permitted to be used on Ohio roads. I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama at this address or at (202) 366-2992. Sincerely, Anthony M. Cooke Chief Counsel ref:VSA d.9/5/06 |
2006 |
ID: 17319.drnOpenMs. Mitzi Freeman Dear Ms. Freeman: This responds to your letter asking for information about the use of 15-passenger vans to transport school children. As explained below, the National Highway Traffic Safety Administration (NHTSA) regulates the manufacture and sale of new 15-passenger vans. Under our requirements, any new 15-passenger van sold or leased on a long-term basis for pupil transportation must be certified as meeting our school bus standards. If you already own a 15-passenger van and are concerned about whether you are permitted to use it to transport students, you should contact State officials, because the use of motor vehicles is regulated by the States. By way of background, NHTSA is authorized to issue and enforce Federal motor vehicle safety standards applicable to new motor vehicles. Our statute at 49 U.S.C. 30112 (copy enclosed) requires any person selling or leasing a new vehicle to sell or lease a vehicle that meets all applicable standards. Accordingly, persons selling or leasing a new "school bus" must sell or lease a vehicle that meets the safety standards applicable to school buses. Our statute defines a "school bus" as any vehicle that is designed for carrying 11 or more persons and which is likely to be "used significantly" to transport "preprimary, primary, and secondary" students to or from school or related events. 49 U.S.C. 30125 (copy enclosed). Therefore, a 15-passenger van that is likely to be used significantly to transport students is a "school bus." If the new 15-passenger van is sold or leased to transport pupils (e.g., leased on a regular or long-term basis to a school), the vehicle must meet NHTSA's school bus standards. New 15-passenger vans are not certified as doing so, and thus cannot be sold or leased to carry students on a regular basis. However, a one-time or very occasional rental would be permitted. Because such use would not constitute "significant use" as a school vehicle, the van would not be a "school bus" and thus may be leased to the school for the special event. The requirement to sell or lease complying school buses applies only to new vehicles. If a school wishes to buy a used 15-passenger van or enter into a long-term lease of such a vehicle, NHTSA would not require the seller or lessor to sell or lease a school bus. Please note that Federal law and NHTSA's safety standards directly regulate only the manufacture and sale of new motor vehicles, not their use. Each State is free to impose its own standards regarding use of motor vehicles, including school buses. For information on Texas' requirements on transportation of school children, please contact Texas' State Director of Pupil Transportation: Mr. Sam Dixon, Director Mr. Dixon's telephone number is: (512) 463-9233. In closing, we wish to emphasize that school buses are one of the safest forms of transportation in this country, and that we therefore strongly recommend that all buses that are used to transport school children be certified as meeting NHTSA's school bus safety standards. Further, using 15-passenger vans that do not meet the school bus standards to transport students could result in increased liability in the event of a crash. Since such liability would be determined by State law, you may wish to consult with your attorney and insurance carrier for advice on this issue. I hope this information is helpful. Besides the copies of statutory citations noted above, I have enclosed a question-and-answer sheet on "Frequently Asked Questions about Federal School Bus Safety Requirements," and a copy of Highway Safety Program Guideline No. 17, Pupil Transportation Safety. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, |
1998 |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.